Krishna Bihari Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86006 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- RAJPUR District- Buxar ====================================================== KRISHNA BIHARI LAL Son of Late Ganesh Lal Resident of Village - Rajpur, P.S.- Rajpur, Distt.- Buxar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Rajpur PS case no. 208 of 2019 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504, 506 of Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his father. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that specific allegation of assault by iron rod on the head of the father of the informant, is on the co-accused person namely Nirpen Kumar and as far as petitioner herein is concerned, no specific allegation of any sort of overt act has been levelled, hence the petitioner is entitled to the

Patna High Court CR. MISC. No.86006 of 2019(2) dt.22-01-2020 2/2 privilege of anticipatory bail.

Having regard to the facts and circumstances of the case, considering submissions made by the learned counsel for the petitioner coupled with the fact that the main accusation of assault is on the co-accused person Nirpen Kumar and a general and omnibus allegation is levelled, as far as the petitioner is concerned as also considering the fact that the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Rajpur PS case no. 208 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T